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The original item was published from 7/11/2022 5:55:02 AM to 7/14/2022 12:00:00 AM.

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Posted on: July 11, 2022

[ARCHIVED] City Council Work Session will be July 11, 2022

City Council Without Masks

The Las Cruces City Council will meet at 1 p.m. Monday, July 11, 2022, in Council Chambers at City Hall, 700 N. Main St., for a work session.

For Monday’s work session a presentation has been prepared to provide City Council with an overview of the Accountability in Government Ordinance and to advise the City Council of the Oversight Committee’s responsibilities and activities since the creation of the Committee in October 2020.

The Accountability in Government Ordinance was adopted by City Council in November 2018. The purpose of the Ordinance is to provide increased accountability, integrity, and oversight of City government, to assist in promoting economy and efficiency, improve operations, and deter and identify waste, fraud, and abuse.

Oversight Committee members include Jack Eakman, chair; Kieran Ryan, Charles Tucker, and ex-officio, non-voting members Mayor Ken Miyagishima and City Councilor Tessa Abeyta.

Also, in accordance with the Accountability in Government Ordinance and the City’s Legal Department's Mission and Strategic Business Plan, the Fiscal Year 2022 Annual Internal Audit Report and the Fiscal Year 2022 Ethics Survey was completed. A presentation to inform City Council of the Internal Audit Office's Fiscal Year 2022 activities and the Fiscal Year 2022 Ethics Survey results will be made at Monday’s work session. Copies of the Fiscal Year 2022 Annual Internal Audit Report, Ethics Survey Historical Data from 2014 to 2022, and the Fiscal Year 2022 City Wide Ethics Survey can be found here.

Monday’s work session also will include a presentation on Inspection of Public Records Act (IPRA) statistics. IPRA affords the public access to records for transparency and accountability.

The City Clerk serves as the records custodian for the City and has assigned the responsibility of IPRA to the Records Manager and Records Clerk, which has become a full-time job, along with several other employees assisting in this process including the Police Department. Due to this, a presentation will be made at Monday’s work session that compares 2021 and 2022 statistics, the amount of time spent to date, the actual number of documents provided to date, as well as the average time it takes to review documents and videos.

Additionally, a Lawyer Succession Plan will be presented to City Council at Monday’s work session for discussion.

The New Mexico Supreme Court adopted Rule 16-119, NMRA, which becomes effective Oct. 1, 2022. According to Rule 16-119(A), “Every lawyer practicing law in the state of New Mexico must have a written succession plan, either alone or as part of a law firm plan, specifying the steps to be taken in the event of the designating lawyer's extended incapacity from practicing law, of the designating lawyer's disability or death."

Pursuant to the Rule, a lawyer succession plan must include:

  1. The identity of the lawyer or law firm designated to carry out the terms of the succession plan.

  1. The location of information necessary to access the designating lawyer's current list of active clients, client files, and other client information including computer and other relevant passwords.

  1. Information on the designating lawyer's trust and operating accounts and corresponding records.

As the chief legal advisor, the City Attorney needs to create a written succession plan pursuant to Rule 16-119, NMRA. Therefore, the City Attorney's Office, implemented the following lawyer succession plan.

Upon the incapacity, disability or death, of the City Attorney, the city attorney’s cases will transfer to the deputy city attorney. The city attorney’s records, passwords, and case files, and current case management database will be maintained by the Legal Department Office Manager.

Upon the incapacity, disability or death, of the Deputy City Attorney, the deputy city attorney’s cases will transfer to the most senior assistant city attorney. The Deputy City Attorney’s records, passwords, and case files, and current case management database will be maintained by the Legal Department Office Manager.

The City Attorney’s office financial records and operating accounts are maintained by the Director of the City’s Finance Department.

The work session agenda is available online at https://lascruces.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=389.

Monday’s City Council work session will be televised live on Comcast Cable channel 20 and will also be shown in high definition on Comcast Cable channel 928. The work session also will be available online at clctv.com and at YouTube.com/clctv20.

Immediately following Monday’s City Council work session, a brief Agenda Setting Meeting will be conducted in Council Chambers to determine the agenda for the Monday, July 18, 2022 City Council meeting.

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